Hao (Migration)

This matter concerned the review of a decision by the Minister’s delegate to cancel the applicant's Student (Temporary) (Class TU) Subclass 500 visa. The cancellation was based on the applicant's alleged failure to comply with condition 8202 of Schedule 8 to the Migration Regulations 1994, specifically by not being enrolled in a registered course. The applicant did not attend a hearing before the Tribunal but provided a written submission through their migration agent.

The primary legal issue before the Tribunal was whether the applicant had breached condition 8202 of the Migration Regulations 1994, which requires a student visa holder to be enrolled in a full-time registered course and to achieve satisfactory course progress and attendance. If a breach was found, the Tribunal also had to consider whether to exercise its discretion to cancel the visa.

The Tribunal found that the applicant had not complied with condition 8202(2) as they were not enrolled in a registered course, with their enrolment in a Bachelor of Commerce course having been cancelled on 4 April 2018. This finding was not disputed by the applicant before the delegate or the Tribunal. In considering the discretion to cancel, the Tribunal noted the applicant's stated reasons for travel were for study, but there was no evidence of a compelling need to remain in Australia. While acknowledging that cancellation would cause some financial and emotional hardship, the Tribunal gave this factor little weight. The applicant's submission detailed personal challenges, financial difficulties, and a desire to continue studying, but the Tribunal found these explanations did not outweigh the non-compliance with visa conditions.

The Tribunal affirmed the decision to cancel the applicant's visa.